OYEBISI F. OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Governorship/Legislative Houses Elections Tribunal Kogi State, holden at Lokoja delivered on 6/8/07.
The brief background facts of this case are that both the 1st Respondent on the platform of Action Congress (AC) and the Appellant on the platform of Peoples Democratic Party (PDP) contested for membership of Kogi State House of Assembly representing the Kabba/Bunu Constituency in the 14/4/07 general elections in Nigeria.
At the close of the elections, the Appellant was declared the winner on the ground that he scored the majority of the lawful votes cast at the said ejection.
Dissatisfied with the outcome of the election, the 1st and 2nd Respondents filed a petition at the trial Tribunal on 12/5/07 challenging the election and return of the Appellant. The said petition was anchored on the grounds that;
(a) the election was invalid by reason of corrupt Practices and or non-compliance with the E…